Regarding relieving,f&f
Gibin George
(Querist) 06 December 2011
This query is : Resolved
Dear Sir,
I am employed with a Limited company as Area Manager. I had put my resignation on 22 Oct 2011 via mail and confirmed in the mail that i am ready to pay one month salary in lieu of one month notice. But the management wanted me to serve the notice. I served notice for one month and intimated to initiate the relieving process. On 05 Dec 2011, I got a mail from Head - HR that "your resignation has not been accepted so far. You need to continue in employment till further intimation". This was not at all intimated to me during the notice period. In addition to this I am also not in receipt of my November month salary as I had put in my resignation. I had a better career prospect in hand and require the relieving letter of the present employer. Also my full and final settlement and PF needs to be settled.
I am working in kerala and the company is based out of Mumbai.
Kindly help me to solve out the issue.
Regards
Gibin
Devajyoti Barman
(Expert) 06 December 2011
Nothing to worry. You have already compiled with the terms of the agreement. So you can now easily move on and join the new company.
For your arrears salary you have to file a civil suit which is however not expected to be cost effective.
M.Sheik Mohammed Ali
(Expert) 06 December 2011
yes you are done properly, so continue do your work, if file a case you can face the case, you will succeed the case.
Gibin George
(Querist) 06 December 2011
Thanx Sirs, but how can i obtain my relieving letter for the period of employment. I had joined the company on 06 sep 2010. Relieving letter from this employer is a mandate for the new employer and i am supposed to join by 28th of Dec 2011
Nadeem Qureshi
(Expert) 06 December 2011
Dear George
Dont worry, send a legal notice to your company through a lawyer
H. S. Thukral
(Expert) 06 December 2011
You make a complaint to Inspector of the area appointed under Shops and Establishment Act and request him to inspect the records of the employer immediately. Issue a legal notice to the employer and the likely loss you are to face in case you fail to get new job in the absence of a relieving/experience letter.
Shailesh Kr. Shah
(Expert) 06 December 2011
Proceed as advised by Shri Harbhajan Singh.
RAJU O.F.,
(Expert) 07 December 2011
If you send a lawyer notice demanding the relieving letter, you may not get it within 28th December, 2011 so as to join the new company. The will also send a reply notice and the procedure will long time to settle. It is advisable to personally meet the company officials and tactfully obtain the relieving letter. Other alternative is to apprise the new company, the delay in obtaining the relieving letter and convincing them to allow you to join now with condition to submit it as and when received from the former company.
